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Civil Litigation 2019-2020 12th Revised edition [Mīkstie vāki]

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(Formerly Senior Lecturer in Law, Staffordshire University), (Solicitor and Partner, Beswicks Legal, former Senior Lecturer in Law, Staffordshire University)
  • Formāts: Paperback / softback, 504 pages, height x width x depth: 293x206x24 mm, weight: 1100 g
  • Sērija : Legal Practice Course Manuals
  • Izdošanas datums: 03-Jul-2019
  • Izdevniecība: Oxford University Press
  • ISBN-10: 0198838557
  • ISBN-13: 9780198838555
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Civil Litigation 2019-2020 12th Revised editionPalielināt
  • Formāts: Paperback / softback, 504 pages, height x width x depth: 293x206x24 mm, weight: 1100 g
  • Sērija : Legal Practice Course Manuals
  • Izdošanas datums: 03-Jul-2019
  • Izdevniecība: Oxford University Press
  • ISBN-10: 0198838557
  • ISBN-13: 9780198838555
Citas grāmatas par šo tēmu:
Permanent link: https://www.kriso.lv/db/9780198838555.html
Keywords:
Civil Litigation introduces students to the processes and procedures involved in making and defending civil litigation claims. The text is ideal for students taking the Legal Practice Course or relevant LLB or LLM modules and features case studies on both a personal injury matter and a commercial matter, making it suitable for students with either a high street or a commercial focus.

Following the chronological progression of a civil litigation claim, the book offers practical guidance on advising clients whilst ensuring that the latest principles of the SRA Handbook and Code of Conduct are maintained. Students on CILEx courses, new trainees in practice, and paralegals will find this practical guidance of use in both their study and their work.

Innovative diagrams at the beginning of chapters clearly illustrate the litigation procedure and help students understand the nature of the process as a whole. Examples provide students with a realistic context for their learning, while issues of cost, best practice, and professional conduct are clearly highlighted. Alternative dispute resolution is given appropriate practical emphasis, and references to the Civil Procedure Rules throughout make sure that students are ready for life in practice.

Online Resources

- Case study documentation to support the fictional scenarios referred to in the book
- Additional chapters covering injunctions, a practical guide to court hearings, instructions to counsel and enforcements of judgment
- Annotated forms
- Appendix - links to key Court forms
- Litigation train timeline to help students put the litigation process in context
- Podcasts
- Weblinks
- Additional case study materials for lecturers, including suggested answers to case study questions
- Video clips
- Test bank of over 50 multiple choice questions
Preface xix
Guided tour of the book xxii
Guided tour of the online resources xxiv
Table of cases xxvi
Table of civil procedure rules xxviii
Table of statutes xxxii
Table of statutory instruments xxxiii
Table of international treaties xxxiv
Table of European legislation xxxiv
1 Introduction 1(7)
1.1 Introduction
1(1)
1.2 Civil litigation-our approach
1(2)
1.2.1 What is our approach?
1(1)
1.2.2 How is this approach achieved?
1(2)
1.3 Research sources
3(1)
1.3.1 Practitioner works
3(1)
1.3.2 Journals and newsletters
3(1)
1.4 A matter of style
4(1)
1.5 The civil procedure rules (CPR)
4(1)
1.6 Professional conduct
4(4)
1.6.1 Introduction
4(1)
1.6.2 How we deal with professional conduct in this manual
4(1)
1.6.3 An indication of the new elements of the Handbook and Codes of Conduct
5(3)
2 A Modern Litigation Approach 8(9)
2.1 Introduction
8(1)
2.2 Civil litigation
8(3)
2.2.1 What is the purpose of civil litigation?
8(1)
2.2.2 The CPR and reform
9(1)
2.2.3 The key features of civil practice in the courts
9(1)
2.2.4 A Litigants in person (LIP)
9(2)
2.3 The overriding objective
11(2)
2.3.1 What is the effect of the overriding objective?
11(2)
2.4 The computation of time
13(1)
2.4.1 Periods of time expressed as a number of months
13(1)
2.4.2 Periods of time expressed as a number of days
13(1)
2.5 The impact of human rights legislation on civil litigation
14(2)
2.5.1 How are the CPR interpreted?
14(1)
2.5.2 What are the main provisions of the european convention on human rights (ECHR) that have a direct impact on the CPR and the litigation process?
14(1)
2.5.3 Raising human rights legislation in civil litigation
15(1)
2.6 The single County Court
16(1)
3 Costs Information to the Client and Funding Options 17(16)
3.1 Introduction
17(1)
3.2 Professional conduct rules
18(1)
3.2.1 How does the legal representative comply in practice with professional conduct rules?
18(1)
3.2.2 What are the consequences if you breach professional conduct rules?
19(1)
3.3 Methods of funding a claim and important changes
19(11)
3.3.1 'Before the event' (BTE) insurance
19(1)
3.3.2 Private funds
20(1)
3.3.3 Union and association funding
20(1)
3.3.4 Public funding (Legal Aid)
21(1)
3.3.5 Conditional fee agreements (CFA)
21(3)
3.3.6 'After the event' (ATE) insurance
24(1)
3.3.7 An increase in damages awarded
25(1)
3.3.8 Damage based agreements (DBA)
25(4)
3.3.9 Litigation funding
29(1)
3.4 What do you tell your opponent about funding?
30(1)
3.4.1 CFA and ATE
30(1)
3.4.2 DBA and litigation funding
30(1)
3.4.3 BTE, union, association, and legal aid
30(1)
3.5 Miscellaneous points
30(3)
3.5.1 Barristers and CFA with success fees and DBA
30(1)
3.5.2 Collective conditional fee agreements (CCFA) and collective DBA
31(2)
4 The Nature, Extent, and Recovery of Legal Costs 33(18)
4.1 Introduction
33(1)
4.2 The general principles of costs in litigation
34(3)
4.2.1 The discretionary nature of costs
34(1)
4.2.2 The loser pays the winner's costs
35(1)
4.2.3 Qualified One way Costs Shifting (QOCS)
35(1)
4.2.4 The legally aided litigant
36(1)
4.3 The basis on which costs are awarded
37(2)
4.3.1 The indemnity principle
37(1)
4.3.2 The two bases of assessment
38(1)
4.4 How legal costs and disbursements are formulated
39(2)
4.4.1 What work can be included?
40(1)
4.4.2 Hourly rates
40(1)
4.4.3 Work done by counsel
41(1)
4.4.4 Experts' fees
41(1)
4.5 The different types of costs order made by the court
41(1)
4.6 The court's powers to control costs recovered by one party against another
41(4)
4.6.1 Cost capping
42(1)
4.6.2 Percentage-based and issues-based costs orders
43(1)
4.6.3 Costs budgeting
43(2)
4.7 Fixed costs
45(3)
4.7.1 Fixed recoverable costs in road traffic accident (RTA) claims
45(2)
4.7.2 Low-value personal injury claims in RTA and low-value personal injury, employers', and public liability claims
47(1)
4.7.3 Fast-track fixed costs
48(1)
4.7.4 Fixed costs on a specified designated money claim
48(1)
4.8 Wasted costs orders
48(3)
5 Alternative Dispute Resolution 51(17)
5.1 Introduction
51(1)
5.2 A definition of alternative dispute resolution (ADR)
52(1)
5.3 The different types of ADR
52(3)
5.3.1 Negotiations, or round table discussions
52(1)
5.3.2 Mediation
52(1)
5.3.3 Conciliation
53(1)
5.3.4 The executive tribunal
53(1)
5.3.5 Early neutral evaluation (ENE)
53(1)
5.3.6 Judicial or expert determination
53(1)
5.3.7 Arbitration
54(1)
5.3.8 Adjudication
54(1)
5.4 The benefits of ADR
55(1)
5.5 The encouragement of ADR
56(5)
5.5.1 ADR and the protocols
56(1)
5.5.2 ADR and the CPR
56(2)
5.5.3 ADR and HM courts and tribunals service
58(1)
5.5.4 ADR and cost consequences
58(2)
5.5.5 The mediation handbook
60(1)
5.5.6 Legislation and ADR
60(1)
5.5.7 ADR and the future
60(1)
5.6 Is ADR always suitable in dispute resolution?
61(1)
5.7 Preparation for ADR generally
61(1)
5.8 Mediation as a form of alternative dispute resolution
62(6)
5.8.1 The interplay of mediation and litigation
62(1)
5.8.2 The cost of mediation
62(1)
5.8.3 How do you 'sell' mediation to your client?
63(1)
5.8.4 What does the client need to know about mediation?
63(1)
5.8.5 Preparation for the mediation day
64(1)
5.8.6 The mediation day(s)
65(3)
6 The First Client Meeting and Initial Considerations 68(21)
6.1 Introduction
68(2)
6.2 What do you need to think about before dealing with every new matter?
70(2)
6.2.1 Professional conduct issues and suggested practice
70(2)
6.2.2 Money laundering regulations
72(1)
6.3 What do you need to do before commencing a new matter?
72(5)
6.3.1 Send a client care letter
72(2)
6.3.2 Request monies on account
74(1)
6.3.3 Comply with money laundering requirements
75(1)
6.3.4 Undertake a conflict search
76(1)
6.3.5 Ask for any relevant documentation
76(1)
6.3.6 Pre-interview questionnaires
76(1)
6.4 The first client meeting
77(7)
6.4.1 Client etiquette and preliminary matters
77(1)
6.4.2 The format of the meeting
77(3)
6.4.3 Specific considerations on first taking instructions
80(4)
6.5 Action by you after the first interview
84(5)
6.5.1 Write to the client
84(1)
6.5.2 Draft your client's statement or proof of evidence
85(1)
6.5.3 Notify your opponent
85(1)
6.5.4 Initiate early investigations
85(4)
7 Pre-Action Substantive Matters 89(23)
7.1 Introduction
91(1)
7.2 Jurisdiction and governing law
91(4)
7.2.1 In which country should proceedings be commenced?
91(2)
7.2.2 In which court should proceedings be commenced?
93(1)
7.2.3 The position after the UK leaves the EU
94(1)
7.3 Legal capacities
95(2)
7.3.1 Individuals over the age of eighteen and mental capacity
95(1)
7.3.2 Children and protected parties (CPR 21)
95(1)
7.3.3 Companies
96(1)
7.3.4 Limited liability partnerships (LLPs)
96(1)
7.3.5 Partnerships
96(1)
7.3.6 Sole traders
96(1)
7.3.7 Associations
96(1)
7.3.8 Trusts and trustees
96(1)
7.3.9 Estates of deceased persons (CPR 19.8)
97(1)
7.4 Limitation
97(5)
7.4.1 The purpose of limitation periods
97(1)
7.4.2 How is 'limitation' applied to actions?
97(1)
7.4.3 Limitation periods
98(1)
7.4.4 Which limitation period applies to an action?
99(1)
7.4.5 Foreign limitation periods
100(1)
7.4.6 When does the 'clock' begin to run on limitation periods?
100(2)
7.4.7 How do the provisions of amendment and substitution affect the limitation rules?
102(1)
7.4.8 Limitation periods applying where the claim seeks a contribution from an additional party
102(1)
7.5 The legal components of an action
102(3)
7.5.1 Liability
103(1)
7.5.2 Causation
104(1)
7.5.3 Quantum
104(1)
7.6 Remedies
105(6)
7.6.1 The purpose of a remedy
105(1)
7.6.2 What remedies are available?
106(1)
7.6.3 Damages (including the CRU at 7.6.3.1.1)
106(3)
7.6.4 The delivery up of goods
109(1)
7.6.5 Injunctions
109(1)
7.6.6 Specific performance
110(1)
7.6.7 Rectification
110(1)
7.6.8 Accounts
110(1)
7.6.9 Declarations
110(1)
7.6.10 Restitution
110(1)
7.7 Your client's disclosure obligations
111(1)
8 Pre-Action Protocols 112(20)
8.1 Introduction
112(2)
8.2 What are 'Pre-Action Protocols'?
114(5)
8.2.1 The case-specific protocols
114(1)
8.2.2 The PDPACP
115(1)
8.2.3 Recovering pre-action costs incurred
115(1)
8.2.4 The Pre-Action Protocol for Debt Claims
116(3)
8.3 The aim of the Protocols or Protocol practice
119(1)
8.4 What are the common features of the Protocol phase?
119(1)
8.5 How does the court encourage compliance with Protocol practice?
120(1)
8.6 When would it be appropriate to issue proceedings without reference to Protocol practice?
121(1)
8.6.1 When the end of the limitation period for the action is close
122(1)
8.6.2 When an interim remedy is required to protect or preserve evidence or the assets of the proposed defendant
122(1)
8.6.3 When the proposed defendant may attempt to issue proceedings outside the jurisdiction of the court to avoid the courts of England and Wales assuming jurisdiction of the action
122(1)
8.7 Pre-action disclosure applications
122(1)
8.8 Pre-action applications to inspect property
123(1)
8.9 Part 36 offers to settle
123(1)
8.10 The Personal Injury (PI) Protocol
123(5)
8.10.1 For which cases is the PI Protocol designed?
124(1)
8.10.2 What pre-action steps are recommended by the PI Protocol?
124(4)
8.11 The Construction and Engineering Protocol
128(2)
8.11.1 General observations
128(1)
8.11.2 The letter of claim
128(1)
8.11.3 The defendant's response
129(1)
8.11.4 The pre-action meeting
129(1)
8.11.5 The protocol referee procedure
130(1)
8.12 The low-value RTA, employers' liability, and public liability claims procedure
130(2)
9 Starting Your Court Action and Serving It on the Defendant 132(38)
9.1 Introduction
134(1)
9.2 The tracks
135(11)
9.2.1 The small claims track
135(2)
9.2.2 A 'Europe-Wide' small claims procedure
137(1)
9.2.3 The fast track
138(1)
9.2.4 The multi-track
139(2)
9.2.5 Issuing a claim in the County Court
141(1)
9.2.6 Issuing a claim in the High Court
142(1)
9.2.7 Lord Justice Briggs interim report 2017
143(1)
9.2.8 The claims process for low-value road traffic claims, employers' liability claims, public liability claims, and disease and employers' liability claims
143(3)
9.3 The documents needed to commence an action
146(5)
9.3.1 The claim form N1 for Part 7 procedure
147(1)
9.3.2 What information should be included on form N1?
147(1)
9.3.3 In which court should the claimant choose to issue?
148(1)
9.3.4 Does interest need to be specified on the claim form?
149(1)
9.3.5 What other documents are needed to start the action?
150(1)
9.3.6 The Form N208 Part 8 Procedure
150(1)
9.4 Can more than one claim, or more than one party, be included in one claim?
151(1)
9.4.1 Joinder
151(1)
9.5 Proceedings by and against children or protected parties
152(2)
9.5.1 How does a child or protected party either make or defend a claim against him?
152(1)
9.5.2 Who may be a litigation friend?
152(1)
9.5.3 When does the appointment of a litigation friend terminate?
153(1)
9.5.4 What is the position with regard to expenses incurred by the litigation friend in conducting the action?
153(1)
9.5.5 Service where a party is a child
154(1)
9.6 How are the parties in an action described?
154(2)
9.6.1 Their titles
154(1)
9.6.2 What happens if a mistake is made in the name given to a party?
155(1)
9.6.3 What happens if a party dies?
155(1)
9.6.4 Can a claim be made against a person who is not known?
155(1)
9.6.5 Parties in claims for loss and damage arising from a road traffic accident (RTA)
155(1)
9.7 Service of the proceedings
156(14)
9.7.1 What (and when) is 'service'?
156(2)
9.7.2 The methods of service
158(6)
9.7.3 Examples of the effect of these service rules
164(1)
9.7.4 When may a party serve documents on a party's legal representative?
165(1)
9.7.5 When service on a party's legal representative is not available, who must be served and where can they be served?
166(1)
9.7.6 The importance of effective service
167(1)
9.7.7 Contesting effective service
167(1)
9.7.8 Service of documents other than the claim form
168(2)
10 Defending a Claim 170(24)
10.1 Introduction
170(3)
10.2 The defendant's response
173(1)
10.3 The defendant's pre-action behaviour
174(3)
10.3.1 What is a defendant's level of engagement in Protocol?
174(1)
10.3.2 The contents of a letter of response
174(1)
10.3.3 Is the defendant bound by the matters that he raises in his letter of response in any subsequent litigation?
175(1)
10.3.4 What is the position if the defendant makes an admission during Protocol?
175(1)
10.3.5 What is the position of an expert engaged by a party in Protocol?
176(1)
10.4 How may a defendant fund the costs incurred in defending the case against him?
177(1)
10.5 The steps and time limits for responding to a claim
177(4)
10.5.1 Admitting the claim and requesting time to pay
178(1)
10.5.2 Filing a defence
178(2)
10.5.3 Filing an acknowledgement of service
180(1)
10.6 The defence of a claim
181(7)
10.6.1 Common defences
181(1)
10.6.2 Part 20 claims
182(5)
10.6.3 The defence of 'set-off'
187(1)
10.7 Common tactics available in defending a claim
188(6)
10.7.1 Making an application for summary judgment
188(1)
10.7.2 Making an application to dismiss the claim
189(1)
10.7.3 Making an application for security for costs
189(1)
10.7.4 Making a Part 18 request for further information
190(4)
11 Drafting Statements of Case 194(25)
11.1 Introduction
195(1)
11.2 The purpose of a statement of case
195(1)
11.2.1 Provide an outline
195(1)
11.2.2 Provide clarification
195(1)
11.2.3 Set out factual details
195(1)
11.2.4 Identify legal requirements
196(1)
11.3 The standard requirements of a statement of case
196(1)
11.3.1 The statement of truth
196(1)
11.3.2 Who should sign the statement of truth?
196(1)
11.3.3 What are the consequences of making a statement of truth when the contents of the document, or any part of it, are known to be false?
197(1)
11.4 The particulars of claim
197(7)
11.4.1 The formulae
197(7)
11.5 The defence
204(4)
11.5.1 The formula
205(2)
11.5.2 What if the particulars of claim have been poorly drafted?
207(1)
11.6 Additional claims
208(3)
11.6.1 A counterclaim against the claimant
208(1)
11.6.2 An additional claim against another person
209(2)
11.7 The reply
211(1)
11.7.1 What is a reply?
211(1)
11.8 The Part 18 request for further information
212(2)
11.8.1 What is the form and content of the Part 18 request?
212(2)
11.9 Amendments to statements of case
214(1)
11.10 A detailed worked example
214(5)
11.10.1 The essential ingredients
214(1)
11.10.2 The parties
215(1)
11.10.3 The contract
215(1)
11.10.4 The defendant's knowledge
216(1)
11.10.5 The terms
216(1)
11.10.6 Performance of the contract
216(1)
11.10.7 The breach
216(1)
11.10.8 The loss and damage
216(1)
11.10.9 Interest
216(3)
12 Case Management 219(20)
12.1 Introduction
219(2)
12.2 What is case management and when does it occur?
221(2)
12.2.1 Helping, or influencing the court, to make the appropriate directions order fora case
221(2)
12.3 The 'first step' of case management-the Directions Questionnaire (DQ)-(Form n180: small claims track or Form N181: fast and multi-track claims)
223(2)
12.3.1 Can the court ever case manage before allocation?
223(1)
12.3.2 When will the court convene a CMC before confirming the allocation of the case to a track?
223(1)
12.3.3 The court's general practice on allocation to track
224(1)
12.3.4 What happens if one or both parties fail to file a completed DQ?
224(1)
12.4 Forms N180 and N181-the DQ
225(1)
12.5 Costs information on the DQ or the requirement to file a costs budget in Precedent H
225(1)
12.6 Allocation to track
226(3)
12.6.1 When will allocation take place?
227(1)
12.6.2 What does the court consider when allocating to track?
227(1)
12.6.3 Can a case be placed in a track that is above, or below, its indicative track?
228(1)
12.6.4 Reallocation
228(1)
12.7 Case management: the directions order
229(5)
12.7.1 What type of directions order will generally be made?
229(1)
12.7.2 What information should be given by the parties in their DQ?
229(1)
12.7.3 What are 'standard directions'?
230(4)
12.8 Case management conferences (CMC)
234(1)
12.9 What happens if a party fails to comply with a case management direction?
235(2)
12.10 The case management flowchart
237(2)
13 Interim Applications-General Considerations 239(10)
13.1 Introduction
239(1)
13.2 Why does a party make an interim application?
240(1)
13.3 The nature and purpose of supporting evidence in interim applications
240(1)
13.4 The nature of interim applications
241(1)
13.5 Common procedure
242(1)
13.6 Time estimates
243(1)
13.7 Costs and interim applications
243(1)
13.8 Notice and hearing provisions for interim applications
244(1)
13.8.1 Applications with notice
244(1)
13.8.2 Applications without notice
244(1)
13.8.3 Applications without a hearing
245(1)
13.9 'Careless' negotiations-the status of things said in the pre-hearing discussions
245(1)
13.10 An unless order
246(1)
13.10.1 What is an 'unless order'?
246(1)
13.10.2 Relief after a failure to comply with an unless order
247(1)
13.11 Relief from sanctions-CPR 3.9 and CPR 3.8
247(2)
14 Interim Applications-Common Types 249(29)
14.1 Introduction
250(1)
14.2 Setting aside a default judgment
250(4)
14.2.1 What is a 'default judgment' and how is it obtained?
250(2)
14.2.2 When may an application be made to set aside a default judgment?
252(1)
14.2.3 What evidence is required to set aside a default judgment?
252(1)
14.2.4 The procedure for making an application to set aside a default judgment
253(1)
14.2.5 Orders that may be made in an application to set aside a default judgment
254(1)
14.3 Summary judgment
254(4)
14.3.1 Summary judgment and the European Convention on Human Rights (ECHR)
254(1)
14.3.2 When is summary judgment used?
254(1)
14.3.3 The procedure for summary judgment
255(1)
14.3.4 The evidence for a summary judgment application
256(1)
14.3.5 Orders that may be made in an application for summary judgment
257(1)
14.4 Interim payments
258(3)
14.4.1 What is an 'interim payment'?
258(1)
14.4.2 The grounds on which an interim payment application can be made
258(1)
14.4.3 The procedure for making an application for an interim payment
259(1)
14.4.4 Orders that may be made in an application for an interim payment
260(1)
14.5 An application for specific disclosure
261(6)
14.5.1 What is 'specific disclosure'?
261(1)
14.5.2 When can an application for specific disclosure be made?
262(1)
14.5.3 Applications at a late stage of proceedings
262(1)
14.5.4 In what circumstances is the court likely to make an order?
262(1)
14.5.5 What will the court order?
263(1)
14.5.6 The form of an order for specific disclosure
263(1)
14.5.7 'Fishing expeditions'
263(1)
14.5.8 Steps to take before making an application
264(1)
14.5.9 The application
264(1)
14.5.10 The exercise of the court's discretion
265(1)
14.5.11 What grounds to object to an order for specific disclosure could an opponent consider?
266(1)
14.5.12 Costs
266(1)
14.6 Pre-action disclosure-CPR 31.16
267(2)
14.6.1 Protocol disclosure
267(1)
14.6.2 Application for pre-action disclosure
267(2)
14.7 An application for security for costs
269(2)
14.7.1 What is 'security for costs'?
269(1)
14.7.2 When can an application for 'security for costs' be made?
269(1)
14.7.3 When may an application for 'security for costs' be obtained?
269(1)
14.7.4 What CPR apply?
270(1)
14.7.5 When should an application for 'security for costs' be made?
270(1)
14.7.6 The procedure
270(1)
14.8 Injunctions: practice and procedure
271(7)
14.8.1 Introduction to this section
271(1)
14.8.2 What is an injunction?
271(1)
14.8.3 When can an application for an injunction be sought?
271(1)
14.8.4 In which courts can injunctions be granted?
272(1)
14.8.5 In what circumstances are injunctions sought within litigation?
272(1)
14.8.6 How quickly can an injunction be obtained?
273(1)
14.8.7 Enforcing an injunction
273(1)
14.8.8 What are the key considerations before making an application for an injunction?
274(1)
14.8.9 A practical look-seeking an injunction to prevent the presentation of a winding up order
274(1)
14.8.10 An alternative order? When would an expedited trial be appropriate?
275(3)
15 Part 36 Offers and Offers to Settle Outside Part 36 278(24)
15.1 Introduction
278(2)
15.2 What are 'Part 36 offers'?
280(1)
15.3 The form and content of a Part 36 offer
281(1)
15.4 When can Part 36 offers be made?
281(1)
15.4.1 Tactically
282(1)
15.4.2 Costs on pre-action Part 36 offers
282(1)
15.5 Clarification of Part 36 offers
282(1)
15.6 How and when can Part 36 offers be accepted?
283(2)
15.6.1 How?
283(1)
15.6.2 When?
283(1)
15.6.3 Withdrawal and amendment of Part 36 offers
283(2)
15.7 Claimant offers
285(2)
15.7.1 The procedure and cost implications of accepting the claimant's offer
285(1)
15.7.2 The procedure and cost implications of rejecting the claimant's offer
285(2)
15.8 Defendant offers
287(2)
15.8.1 The procedure and cost implications of accepting the defendant's offer
287(1)
15.8.2 The procedure and cost implications of rejecting the defendant's offer
288(1)
15.9 How the court exercises its discretion on costs in 'unbeaten' Part 36 offers at trial
289(1)
15.10 Personal injury litigation and Part 36
290(3)
15.10.1 Additional requirements to the content of a Part 36 offer
290(3)
15.11 Issues to discuss with your client on making or receiving a Part 36 offer
293(2)
15.12 Offers in general and those that are not Part 36 offers
295(7)
16 Disclosure and Inspection 302(32)
16.1 Introduction
304(1)
16.2 What is the purpose of disclosure and when does it occur?
304(2)
16.2.1 The purpose of disclosure
304(1)
16.2.2 When does disclosure occur?
305(1)
16.3 What is a 'document'?
306(1)
16.4 The extent of a party's disclosure obligation
306(2)
16.4.1 What does 'standard disclosure' require a party to disclose?
307(1)
16.4.2 The meaning of 'control'
308(1)
16.5 The obligation to make a reasonable search for relevant documents
308(2)
16.5.1 The obligations and duties of the parties and their legal representatives
308(1)
16.5.2 'E'-disclosure and the Electronic Disclosure Questionnaire N264
309(1)
16.6 Form N265 and the 'disclosure statement', and the disclosure report form N263
310(3)
16.6.1 What the statement in the N265 must include
311(1)
16.6.2 Who will sign the disclosure statement?
311(1)
16.6.3 How are documents sorted and listed on Form N265?
312(1)
16.6.4 What is included in Form N263?
312(1)
16.7 The process of disclosure
313(4)
16.7.1 In the small claims track
313(1)
16.7.2 In the fast-track and PI multi-track cases-the exchange or service of lists of documents
313(1)
16.7.3 In non-PI multi-track cases
314(1)
16.7.4 Disclosure is an ongoing obligation
315(1)
16.7.5 The role of the legal representative in the process of disclosure
315(2)
16.8 Inspection
317(3)
16.8.1 Grounds for withholding inspection
318(1)
16.8.2 Challenging the extent of the search and challenging the allocation of documents to that part of the list that is not 'available to inspect'
319(1)
16.8.3 Challenges may be raised from a review of an opponent's list of documents and the inspection process
319(1)
16.9 Privilege
320(9)
16.9.1 Legal professional privilege
321(1)
16.9.2 What is the distinction between 'legal advice privilege' and 'litigation privilege'?
322(3)
16.9.3 What happens if documents are 'communicated' by a party within its organization?
325(1)
16.9.4 Other types of relevant privilege
325(3)
16.9.5 Loss of privilege, waiver of privilege, and reference to privileged documents
328(1)
16.9.6 The inadvertent disclosure of privileged material
328(1)
16.10 Pre-action disclosure-CPR 31.16
329(1)
16.11 Disclosure against non-parties
329(1)
16.12 The new disclosure pilot scheme
329(5)
16.12.1 Key points of the new rules include
329(3)
16.12.2 Wholesale cultural change
332(1)
16.12.3 Technology and disclosure
332(2)
17 Witness Statements and Documentary Evidence 334(19)
17.1 Introduction
334(2)
17.2 The proof game
336(1)
17.2.1 The legal burden
336(1)
17.2.2 The standard of proof
336(1)
17.2.3 How do you prove your case evidentially?
336(1)
17.2.4 The concept of proportionality and witness evidence
337(1)
17.3 Can all types of evidence be used at trial?
337(1)
17.3.1 Evidence that must be excluded
337(1)
17.3.2 Evidence that may be excluded
337(1)
17.4 Witness statements
338(7)
17.4.1 Witness statement or affidavit?
338(1)
17.4.2 Witness statements for trial
338(2)
17.4.3 Witness statements for interim applications
340(2)
17.4.4 Exhibits to witness statements
342(1)
17.4.5 Disclosure and service of witness statements
342(1)
17.4.6 What do you do on receipt of your opponent's witness evidence?
343(1)
17.4.7 Witness summaries
344(1)
17.5 Hearsay
345(3)
17.5.1 What is 'hearsay'?
345(1)
17.5.2 What weight does the trial judge attach to hearsay evidence?
346(1)
17.5.3 Are there any procedural requirements for the use of hearsay evidence?
346(1)
17.5.4 What are your client's options if hearsay evidence is being used against him?
347(1)
17.6 Useful tools in the evidential battle
348(5)
17.6.1 Notice to admit facts
348(1)
17.6.2 Notice to admit or produce documents
349(1)
17.6.3 Letters of request
349(4)
18 Experts and Expert Evidence 353(25)
18.1 Introduction
355(1)
18.2 The use of expert evidence in civil actions constitutes an exception to the rule against opinion evidence
356(1)
18.3 Who or what is an 'expert'?
356(3)
18.3.1 A definition
356(1)
18.3.2 The weight of expert evidence
357(1)
18.3.3 Does the evidence of the expert witness carry more or less weight than the evidence of the eyewitness?
358(1)
18.3.4 Is it possible to use an expert who has a close connection with a party?
358(1)
18.4 What rules need to be considered to understand the use and application of an expert in an action?
359(1)
18.5 How does a party seek to use expert evidence in his action?
359(1)
18.5.1 Pre-action
359(1)
18.5.2 During litigation
359(1)
18.6 What factors will the court and the parties take into account concerning the use of expert evidence?
360(1)
18.7 Likely directions orders on expert evidence
360(2)
18.7.1 No expert evidence
360(1)
18.7.2 A direction for a Single Joint Expert (SJE)
360(1)
18.7.3 A direction that each party may instruct its own expert
361(1)
18.8 In what ways may an expert be used in litigation?
362(5)
18.8.1 In an advisory role
362(1)
18.8.2 The 'treating' expert
363(1)
18.8.3 The operation of the Rehabilitation Code 2015 (The Code)
364(1)
18.8.4 As an SJE
365(1)
18.8.5 Each party engaging its own expert
366(1)
18.8.6 As an 'agreed' expert
367(1)
18.8.7 The expert's role in ADR
367(1)
18.9 Choosing an appropriate expert
367(3)
18.9.1 The expert's retainer
367(1)
18.9.2 Dealing with an unfavourable expert
368(1)
18.9.3 Where do you find an expert?
368(1)
18.9.4 What enquiries need to be made of your chosen expert?
369(1)
18.9.5 Checking the availability of an expert
370(1)
18.10 Handling expert evidence and preparing a letter of instruction to an expert
370(6)
18.10.1 Coping with experts' reports
371(2)
18.10.2 Dealing with questions to an SJE or the opposing party's expert
373(1)
18.10.3 Discussions between experts
373(1)
18.10.4 The expert's right to ask the court for directions
374(1)
18.10.5 The expert at court
374(1)
18.10.6 Practical matters-the expert's oral evidence
375(1)
18.10.7 Practical matters-the expert's written evidence
376(1)
18.11 The expert and his immunity from suit
376(1)
18.12 Experts and privilege
376(2)
18.12.1 When will experts' reports be disclosed?
376(2)
19 Trial, Settlement, and Appeals 378(24)
19.1 Introduction
380(1)
19.2 The Handbook (which includes the Codes of Conduct for solicitors and firms)
380(1)
19.3 An advocate's limited immunity from suit
380(1)
19.4 Immediate action on receipt of the trial date
381(2)
19.4.1 Issue witness summonses
381(1)
19.4.2 Contact counsel
381(1)
19.4.3 Liaise with your client
382(1)
19.4.4 Check your diary
383(1)
19.5 Preparation for trial
383(4)
19.5.1 Administrative tasks
383(1)
19.5.2 Preparing the trial bundles
384(2)
19.5.3 Part 36 offers and ADR
386(1)
19.5.4 Review funding cover
386(1)
19.5.5 Update documentation
386(1)
19.6 The day of the trial
387(2)
19.6.1 Meeting up
387(1)
19.6.2 Trial etiquette
387(1)
19.6.3 A typical day in court
388(1)
19.6.4 Unforeseen events
388(1)
19.7 After the trial
389(5)
19.7.1 Judgment
389(1)
19.7.2 Costs
390(1)
19.7.3 The shorter and flexible trails scheme (FFS)
390(1)
19.7.4 Appeals
390(4)
19.8 Concluding a case without trial
394(8)
19.8.1 Settlements reached before proceedings
394(2)
19.8.2 Settlements reached after proceedings
396(1)
19.8.3 Discontinuance of proceedings
397(5)
20 Assessment of Costs Proceedings 402(9)
20.1 Introduction
402(1)
20.2 Summary assessment of costs
403(1)
20.2.1 What is it and when does it take place?
403(1)
20.2.2 How does a summary assessment proceed?
403(1)
20.2.3 Interest
404(1)
20.3 Detailed assessment of costs
404(5)
20.3.1 What is it?
404(1)
20.3.2 Where does it occur and who conducts the hearing?
404(1)
20.3.3 When does it take place?
405(1)
20.3.4 Negotiating a compromise on costs
405(1)
20.3.5 The detailed assessment procedure
405(4)
20.4 Costs only proceedings
409(2)
Appendix 1: Additional chapters 411(1)
Appendix 2: Court forms 412(1)
Appendix 3: Claim form 413(2)
Appendix 4: Particulars of claim 415(4)
Appendix 5: Defence and counterclaim 419(3)
Appendix 6: Directions order 422(2)
Appendix 7: Disclosure statement 424(3)
Appendix 8: Witness statement 427(2)
Appendix 9: Medical report 429(6)
Appendix 10: Listing questionnaire (pre-trial checklist) 435(3)
Appendix 11: Claim notification form (PL1) 438(13)
Index 451
Susan Cunningham-Hill practised as a solicitor for more than 20 years, predominantly in commercial and personal injury litigation, and worked concurrently as an academic teaching on the LPC. She has been extensively involved in the delivery of litigation courses and in writing and preparing transactional and skills based assessment regimes.

Karen Elder is a practising solicitor at Beswicks Legal, an accredited commercial mediator, and formerly a Senior Lecturer at Staffordshire University. She has extensive experience teaching civil litigation to LPC students and is a Fellow of the Higher Education Academy. She has been practising as a solicitor for 15 years acting for both claimants and defendants in commercial construction and personal injury matters.